HR 101: Employee Leave Basics for HR Professionals

Welcome to HR 101-Welcome to HR 101-
Employee Leaves:Employee Leaves:
What Every HRWhat Every HR
ProfessionalProfessional
Needs to Know AboutNeeds to Know About
Employee LeavesEmployee LeavesPresented by:
John Farruggio
HR Benefits Manager at Upstate
Medical University

Famous QuoteFamous Quote
“Showing up is half
the battle?”
Woody Allen

Types of LeavesTypes of Leaves
• Medical (personal and family)Medical (personal and family)
• Workers CompensationWorkers Compensation
• Maternity/paternityMaternity/paternity
• ChildcareChildcare
• BereavementBereavement
• MilitaryMilitary

What should you do when you are informed ofWhat should you do when you are informed of
an employee leave (Top 10 List)?an employee leave (Top 10 List)?
• What is the basis for the leave?What is the basis for the leave?
• When did the leave begin and how long is it expected toWhen did the leave begin and how long is it expected to
last?last?
• Is the leave authorized and did the employee followIs the leave authorized and did the employee follow
proper call-in procedures?proper call-in procedures?
• What type of documentation has been provided toWhat type of documentation has been provided to
support leave?support leave?
• Is the leave continuous or intermittent?Is the leave continuous or intermittent?
• Is the leave due to a personal or family illness?Is the leave due to a personal or family illness?
• Is the leave due to a work-related injury/illness?Is the leave due to a work-related injury/illness?
• What type of paid status will the employee retain whileWhat type of paid status will the employee retain while
on leave?on leave?
• Is the employee on probation (classified service) orIs the employee on probation (classified service) or
been non-renewed (unclassified service)?been non-renewed (unclassified service)?
• Is the employee FMLA eligible and if so is the leaveIs the employee FMLA eligible and if so is the leave
covered by the FMLA?covered by the FMLA?

What is the basis for the leave?What is the basis for the leave?
• Personal IllnessPersonal Illness
• Family Sick Leave (including bereavement which areFamily Sick Leave (including bereavement which are
absences from work necessitatedabsences from work necessitated by a death or illness inby a death or illness in
the employee's immediate family.the employee's immediate family.))
• Workers Comp. Related Injury/IllnessWorkers Comp. Related Injury/Illness
• Military training, deployment, or military caregiver leaveMilitary training, deployment, or military caregiver leave
or qualifying exigency leaveor qualifying exigency leave
• Long Term illnessLong Term illness
Depending on type of leave, such will require specificDepending on type of leave, such will require specific
supporting documentation to be filed with HR within asupporting documentation to be filed with HR within a
given timeframe to authorize leave.given timeframe to authorize leave.

How & When to RequestHow & When to Request
a Leave of Absencea Leave of Absence
• Generally, a Certification of Health Care ProviderGenerally, a Certification of Health Care Provider
(CHCP-DOL) form is needed when a period of(CHCP-DOL) form is needed when a period of
absence (sick leave) is expected to be five (5)absence (sick leave) is expected to be five (5)
consecutive work days OR longer (tied to contractconsecutive work days OR longer (tied to contract
language), OR more than 3 consecutive calendarlanguage), OR more than 3 consecutive calendar
days combined with at least two visits to a healthdays combined with at least two visits to a health
care providercare provider OROR if an employee is requestingif an employee is requesting
intermittent leave (FMLA related).intermittent leave (FMLA related).
• A CHCP form is required for FMLA and maybe usedA CHCP form is required for FMLA and maybe used
for non-FMLA related absence.for non-FMLA related absence.

How & When to RequestHow & When to Request
a Leave of Absence (Cont.)a Leave of Absence (Cont.)
•If the absence is related to a personalIf the absence is related to a personal
illness or illness of a family member, theillness or illness of a family member, the
employee has the treating health careemployee has the treating health care
provider complete a CHCP form andprovider complete a CHCP form and
forward it to the HR Office to substantiateforward it to the HR Office to substantiate
use of sick leave and other credits.use of sick leave and other credits.
•This will enable HR to make aThis will enable HR to make a
determination with respect to FMLAdetermination with respect to FMLA
entitlement.entitlement.

When did the leave begin and howWhen did the leave begin and how
long is it expected to last?long is it expected to last?
• A CHCP form should indicate the length of the
leave and when such is expected to end.
Based on the timeframe will generally
determine how often additional medical may
be required.
• If the personal leave duration continues
beyond 3-4 months, a review of the
employee’s employment history should be
complete to determine if they are eligible for
benefits such as LTD, disability retirement,
and/or retiree health insurance.

Is the leave authorized and did theIs the leave authorized and did the
employee follow proper call-in procedures?employee follow proper call-in procedures?
• Employees who are no call/no show (absentEmployees who are no call/no show (absent
extenuating circumstances) will not necessarily beextenuating circumstances) will not necessarily be
eligible for authorized leave (pay) or designation ofeligible for authorized leave (pay) or designation of
retro FMLA.retro FMLA.
• Campuses may consult with the CS Attendance andCampuses may consult with the CS Attendance and
Leave Unit before they delay the start of FMLA leave.Leave Unit before they delay the start of FMLA leave.
• Employees must be trained in proper call-inEmployees must be trained in proper call-in
procedures especially for 24/7 operations.procedures especially for 24/7 operations.

Is the leave authorized and did theIs the leave authorized and did the
employee follow proper call-in proceduresemployee follow proper call-in procedures
(Cont.)?(Cont.)?
• When the need for leave is foreseeable (i.e. expected birth orWhen the need for leave is foreseeable (i.e. expected birth or
planned medical treatment for a serious health condition of theplanned medical treatment for a serious health condition of the
employee or family member), the employee must give theemployee or family member), the employee must give the
employer 30 days advance notice before FMLA leave is toemployer 30 days advance notice before FMLA leave is to
begin.begin.
• When an employee seeks leave due to a FMLA-qualifyingWhen an employee seeks leave due to a FMLA-qualifying
reason for which the employer previously provided FMLA-reason for which the employer previously provided FMLA-
protected leave (i.e. intermittent leave), the employee mustprotected leave (i.e. intermittent leave), the employee must
specifically reference the qualifying reason for leave or thespecifically reference the qualifying reason for leave or the
need for FMLA leave upon call in.need for FMLA leave upon call in.
• An employee must minimally provide verbal notice sufficient toAn employee must minimally provide verbal notice sufficient to
make the employer aware that:make the employer aware that:
– the employee needs FMLA-qualifying leave,the employee needs FMLA-qualifying leave,
– the anticipated timing of such leave, andthe anticipated timing of such leave, and
– the duration of the leave.the duration of the leave.

What type of documentation hasWhat type of documentation has
been provided to support authorizedbeen provided to support authorized
leave?leave?
• CHCP formCHCP form
• Injury Report for w/c injuries/illnessesInjury Report for w/c injuries/illnesses
• Orders for Military leave or exigencyOrders for Military leave or exigency
• Adoption/foster care court ordersAdoption/foster care court orders

Is the leave continuous or intermittent?Is the leave continuous or intermittent?
• Indefinite or continuous leaves require determination as to FMLAIndefinite or continuous leaves require determination as to FMLA
exhaustion and CSL tracking of “one year” deadlines for Classifiedexhaustion and CSL tracking of “one year” deadlines for Classified
service employees.service employees.
• Chronic Health Condition (self or family member) may causeChronic Health Condition (self or family member) may cause
unforeseeable/intermittent leaveunforeseeable/intermittent leave
May consist of a period of incapacity or treatment for a seriousMay consist of a period of incapacity or treatment for a serious
health condition that:health condition that:
• Requires periodic visits for treatment by a health careRequires periodic visits for treatment by a health care
provider (e.g., Doctor, PA, etc.)provider (e.g., Doctor, PA, etc.)
• Continues over an extended period of timeContinues over an extended period of time
• May cause episodic rather that continuing period ofMay cause episodic rather that continuing period of
incapacityincapacity
• Absences may be fewer than 3 daysAbsences may be fewer than 3 days
• Employee not required to see health care provider for eachEmployee not required to see health care provider for each
episodeepisode
Generally more difficult to manage and track, therefore need toGenerally more difficult to manage and track, therefore need to
place onus on employee to follow proper call in procedures.place onus on employee to follow proper call in procedures.
Failure to do so may result in denial of FMLA protections.Failure to do so may result in denial of FMLA protections.

Is the leave due to a personal orIs the leave due to a personal or
family illness?family illness?
• Different CHCP forms will be requiredDifferent CHCP forms will be required
depending on personal or family illness.depending on personal or family illness.
• Amount of sick leave accruals and timeAmount of sick leave accruals and time
frame during which FSL may be used willframe during which FSL may be used will
vary based on bargaining unit and is limited.vary based on bargaining unit and is limited.

Is the leave due to a work-relatedIs the leave due to a work-related
injury/illness?injury/illness?
• Leaves will simultaneously be covered by FMLA (if based on aLeaves will simultaneously be covered by FMLA (if based on a
“serious illness”) and must be designated in writing to the eligible“serious illness”) and must be designated in writing to the eligible
employee.employee.
• Employees must call 888-800-0029 to report a work-related injury orEmployees must call 888-800-0029 to report a work-related injury or
illness.illness.
• Classified service employees may be due supplemental pay, withClassified service employees may be due supplemental pay, with
SIF determining level of compensation based on degree of injury.SIF determining level of compensation based on degree of injury.
• Eligible CSEA and PEF represented employees may also be entitledEligible CSEA and PEF represented employees may also be entitled
to a supplemental wage payment not to exceed nine months perto a supplemental wage payment not to exceed nine months per
injuryinjury
• Supplemental payments will be paid to employees whose disabilitySupplemental payments will be paid to employees whose disability
is classified by the evaluating physician as "total" or "marked“is classified by the evaluating physician as "total" or "marked“
• The total of the statutory payment and the supplemental paymentThe total of the statutory payment and the supplemental payment
provided equals 60 percent of employee’s pre-disability grossprovided equals 60 percent of employee’s pre-disability gross
wageswages
• Unclassified service employees on w/c have option of being paid byUnclassified service employees on w/c have option of being paid by
SIF ($772 per week max.) or remaining in a full paid status usingSIF ($772 per week max.) or remaining in a full paid status using
their available accruals.their available accruals.
• Consider Mandatory Alternate Duty (“MAD”) for classified serviceConsider Mandatory Alternate Duty (“MAD”) for classified service
employees if he/she is 50% or less disabled & expected to be fullyemployees if he/she is 50% or less disabled & expected to be fully
cleared within 90 days of RTW.cleared within 90 days of RTW.
• Remain in contact periodically with leave employee.Remain in contact periodically with leave employee.

What type of paid status will theWhat type of paid status will the
employee retain while on leave?employee retain while on leave?
• On-going leave supported by a CHCP form willOn-going leave supported by a CHCP form will
require determination of accrual usage.require determination of accrual usage.
• Sick leave at ½ pay entitlement for classified serviceSick leave at ½ pay entitlement for classified service
employees (verify no prior T&A NODs within theemployees (verify no prior T&A NODs within the
previous 12 month that will delay receipt of suchprevious 12 month that will delay receipt of such
entitlement) OR additional sick leave for unclassifiedentitlement) OR additional sick leave for unclassified
service employees.service employees.
• Leave Donations (verify no prior T&A NODs andLeave Donations (verify no prior T&A NODs and
satisfactory evaluations within the last 3 years).satisfactory evaluations within the last 3 years).
• Charging off of “DRL” credits while on leave forCharging off of “DRL” credits while on leave for
CSEA represented employees.CSEA represented employees.
• Empire Plan “waiver” form for employees in LWOPEmpire Plan “waiver” form for employees in LWOP
status.status.

Is the employee on probation/nonIs the employee on probation/non
renewed (classified/unclassifiedrenewed (classified/unclassified
service)?service)?
• Both probationary and non-probationary employees will beBoth probationary and non-probationary employees will be
entitled to CS Section 71 leave rights.entitled to CS Section 71 leave rights.
• Probationary employees are not entitled to CS Section 73Probationary employees are not entitled to CS Section 73
reinstatement rights.reinstatement rights.
• Probationary employees who are absence for more that 10/20 fullProbationary employees who are absence for more that 10/20 full
work days during probationary period of 26/52 weeks maximumwork days during probationary period of 26/52 weeks maximum
may have their probationary end date extended by themay have their probationary end date extended by the
corresponding number of days absent (including FMLAcorresponding number of days absent (including FMLA
designated days for employee’s serving a promotional prob.designated days for employee’s serving a promotional prob.
Period).Period).
• Non-renewal employee’s leaves cannot extend beyond separationNon-renewal employee’s leaves cannot extend beyond separation
date.date.

Is the employee FMLA eligible & if soIs the employee FMLA eligible & if so
is the leave covered by FMLA?is the leave covered by FMLA?
• Employee must have beenEmployee must have been employedemployed for at least 12 months &for at least 12 months &
workedworked at least 1,250 hours in the 12 months prior to the leaveat least 1,250 hours in the 12 months prior to the leave
request.request.
• Absences resulting from a personal/family member (child, parentAbsences resulting from a personal/family member (child, parent
or spouse) serious health condition that makes employee unable toor spouse) serious health condition that makes employee unable to
perform the functions of his/her job.perform the functions of his/her job.
• The campus must notify the employee concerning their eligibilityThe campus must notify the employee concerning their eligibility
for leave.for leave.
• Upon receipt of satisfactory medical documentation, the agencyUpon receipt of satisfactory medical documentation, the agency
must notify the employee of designation of the leave as FMLA-must notify the employee of designation of the leave as FMLA-
qualifying using DOL forms.qualifying using DOL forms.
• Update CHCP form required for continuous, intermittent or newUpdate CHCP form required for continuous, intermittent or new
absences due to a qualifying serious health condition after theabsences due to a qualifying serious health condition after the
start of every new year.start of every new year.

When an employee is cleared toWhen an employee is cleared to
Return to Work?Return to Work?
• The CHCP form must indicate when an employee canThe CHCP form must indicate when an employee can
return to work BEFORE the employee is allowed toreturn to work BEFORE the employee is allowed to
report.report.
• If the CHCP indicates that the employee can return toIf the CHCP indicates that the employee can return to
work with any restrictions (hours or duties), the HRwork with any restrictions (hours or duties), the HR
Office should be contacted to review. w/ mgr.Office should be contacted to review. w/ mgr.
temporary light duty assignment.temporary light duty assignment.
• If accommodations can be made a “Temporary WorkIf accommodations can be made a “Temporary Work
Restriction” memo outlining the nature and duration ofRestriction” memo outlining the nature and duration of
the restricted duty is issued and signed by thethe restricted duty is issued and signed by the
employee and supervisor.employee and supervisor.

When an employee is cleared toWhen an employee is cleared to
Return to Work (Cont.)?Return to Work (Cont.)?
• An employee who makes a “miraculous” recovery subsequent toAn employee who makes a “miraculous” recovery subsequent to
receiving a pre-term or termination notice pursuant to Section 71receiving a pre-term or termination notice pursuant to Section 71
or 73 should generally be scheduled for a rtw exam through Albanyor 73 should generally be scheduled for a rtw exam through Albany
Employee Health (AEH).Employee Health (AEH).
• If an employee is cleared with “permanent” restrictions or isIf an employee is cleared with “permanent” restrictions or is
“disabled” per the ADA/NYSDHR definition, engage in a documented“disabled” per the ADA/NYSDHR definition, engage in a documented
interactive dialog with employee in order to determine whatinteractive dialog with employee in order to determine what
*reasonable accommodations*reasonable accommodations can be provided that will allow him/hercan be provided that will allow him/her
to perform the essential functions of their job without creating anto perform the essential functions of their job without creating an
“undue hardship” or threatens the health/safety of themselves or“undue hardship” or threatens the health/safety of themselves or
others.others.
*May include scheduling adjustments , reduced FTE, job reassignment,*May include scheduling adjustments , reduced FTE, job reassignment,
55b appointment, or job re-structuring.55b appointment, or job re-structuring.

Case StudyCase Study
•On December 1, 2011, a full-time CSEA-representedOn December 1, 2011, a full-time CSEA-represented
employee with five years of service is hit by anemployee with five years of service is hit by an
automobile in the traffic circle on campus on her wayautomobile in the traffic circle on campus on her way
to report to work.to report to work.
•She is taken to the Emergency Room and isShe is taken to the Emergency Room and is
admitted for six consecutive days.admitted for six consecutive days.
•You receive documentation from the employee’sYou receive documentation from the employee’s
doctor that indicates that she cannot return to workdoctor that indicates that she cannot return to work
until March 16, 2012.until March 16, 2012.

Case Study ContinuedCase Study Continued
• What forms need to be completed when youWhat forms need to be completed when you
become aware of the December 1 accident?become aware of the December 1 accident?
Why?Why?
• What portion of this leave (if any) will beWhat portion of this leave (if any) will be
considered qualifying leave under the FMLA?considered qualifying leave under the FMLA?
• What possible sources of incomeWhat possible sources of income
replacement might this employee be eligiblereplacement might this employee be eligible
to receive?to receive?

•On March 16, 2012, the employee calls her supervisorOn March 16, 2012, the employee calls her supervisor
and states that she will need to be absent from work forand states that she will need to be absent from work for
another two weeks.another two weeks.
•On March 20 you receive a CHCP form that states theOn March 20 you receive a CHCP form that states the
employee can return to work on April 1st, but theemployee can return to work on April 1st, but the
following restrictions will apply for a period of six weeks:following restrictions will apply for a period of six weeks:
-Can’t work in excess of three days each week-Can’t work in excess of three days each week
-Can’t lift more than 20 pounds-Can’t lift more than 20 pounds
-No prolonged standing-No prolonged standing
•The CHCP also indicates that a follow-upThe CHCP also indicates that a follow-up visit has beenvisit has been
scheduled for April 14scheduled for April 14

• On March 16, what do you tell the employeeOn March 16, what do you tell the employee
when she calls to say that she will be outwhen she calls to say that she will be out
another two weeks?another two weeks?
• What do you do when you receive the March 20What do you do when you receive the March 20
Certification of Health Care Provider?Certification of Health Care Provider?
• If the employee returns to work on light duty onIf the employee returns to work on light duty on
April 1 for six weeks and is once again absentApril 1 for six weeks and is once again absent
due to the same injury, what actions can youdue to the same injury, what actions can you
take?take?

• What happens if the employee remains out of workWhat happens if the employee remains out of work
for a cumulative period of one year?for a cumulative period of one year?
• Can the employee be counseled or disciplined forCan the employee be counseled or disciplined for
her absence starting December 1, 2011?her absence starting December 1, 2011?
• How, if at all, would your answers to the questionsHow, if at all, would your answers to the questions
noted above have changed if the employee had anoted above have changed if the employee had a
history of documented time and attendancehistory of documented time and attendance
abuses?abuses?

Any Questions-Any Questions-
Thank YouThank You

HR 101: Employee Leave Basics for HR Professionals

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